Open Records

Montana’s public records law flows from both Article II, Section 9 of the Montana Constitution – the “right to know” provision – and the Montana Public Records Act, primarily codified in Title 2, Chapter 6 of the Montana Code Annotated. Because the constitutional right takes precedence over statute, public information is presumed open unless privacy, safety, or security interests “clearly exceed” the merits of disclosure.

Who can request records

Any “person” – including individuals, corporations, and associations, from any state – may request public records. No statement of purpose is required, though the law does limit the sale of mailing lists obtained through a request for commercial purposes.

What’s covered

Montana’s law applies broadly to all state and local government agencies, including executive, legislative, and judicial branches (with some specific exceptions).

How to request

No specific form is required, and Montana doesn’t require a request to be in writing – an oral request is technically sufficient, though the Attorney General has ruled that agencies may require a written request. Submit the request to the records custodian for the relevant agency.

Response timeline

This is one of Montana’s more distinctive features: there is NO specific statutory deadline for responding to a request. The law only requires agencies to respond “in a timely manner” (MCA § 2-6-1006). In practice, many agencies aim for around 5 business days to acknowledge a request, but for records that aren’t easily accessible, actual response times can range much longer – from 90 days up to 6 months in some cases. If a record can’t be readily identified or gathered, the agency must provide an estimated timeframe and any applicable fees.

Fees

– The first half hour of search/gathering time is typically free (per a 1996 executive order setting statewide practice). – Beyond that, fees are capped at $25/hour for searching, gathering, reviewing, and processing information (MCA § 2-6-1006) – though some older sources cite a lower $8.50/hour figure, so confirm the current rate with the specific agency. – Standard copying: commonly $0.10/page, based on a 1996 executive order. – Actual costs for scanning, media, postage, and shipping may also apply. – There are no fee waivers in Montana – this applies uniformly regardless of the requester’s purpose.

Exemptions

Montana’s constitutional standard requires that privacy interests “clearly exceed” the public’s interest in disclosure for a record to be withheld – a relatively high bar for exemption compared to many states’ broader statutory exemption lists.

If your request is denied

Montana Code § 2-6-1009 requires a written explanation for any denial. That written denial allows the requester to file an action directly in district court to compel production – because immediate district court resolution is available, there’s no formal administrative appeal process, and no dedicated public records ombudsman or custodian office. There are also no statutory penalties for an agency that violates the law – enforcement runs entirely through requester-initiated lawsuits, and a prevailing requester can recover costs.

A note on terminology

Montana’s law is officially the “Montana Public Records Act,” grounded in the state constitution’s “right to know” clause – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).